[bots]

Originally Posted by Ammi

…so if he’s 18yrs soon…/…before the trial…I presume that he’ll be tried as an adult …

i very much doubt it. He committed the crime as a "child". It wouldn't surprise me if he timed his attack exactly for this reason

[Ammi]

Originally Posted by bitontheslide

i very much doubt it. He committed the crime as a "child". It wouldn't surprise me if he timed his attack exactly for this reason

…but then, why release his name/identity now before the trial when it was said that, that wouldn’t happen…/…I’m confused…

[bots]

Originally Posted by Ammi

…but then, why release his name/identity now before the trial when it was said that, that wouldn’t happen…/…I’m confused…

he will be an adult in a few days time, when age restrictions on naming disappear. However, the date and his age remain set in stone when he committed the crime. If they tried him as an adult, someone would appeal it later and get the case thrown out and he would walk away free

[Ammi]

Originally Posted by bitontheslide

he will be an adult in a few days time, when age restrictions on naming disappear. However, the date and his age remain set in stone when he committed the crime. If they tried him as an adult, someone would appeal it later and get the case thrown out and he would walk away free

…so the ‘loophole’ that was previously stated could be used before it went to trial…was used, then…

[bots]

Originally Posted by Ammi

…so the ‘loophole’ that was previously stated could be used before it went to trial…was used, then…

It's at the discretion of the judge. If he deemed it was in the public interest to allow him to be named then that's how it goes. However, he cannot say, well he was nearly an adult when he committed a crime because the law states you are tried as a child up until you are 18. This changes the maximum sentence that can be applied. I am sure thats why the guy committed the murders when he did

[Ammi]

Originally Posted by bitontheslide

It's at the discretion of the judge. If he deemed it was in the public interest to allow him to be named then that's how it goes. However, he cannot say, well he was nearly an adult when he committed a crime because the law states you are tried as a child up until you are 18. This changes the maximum sentence that can be applied. I am sure thats why the guy committed the murders when he did

….jeez, that’s chilling as to how thought out that part would be as well…and no thought of taking his own life etc…he would have anticipated a trial and sentencing…

[Ammi]

Why Southport murder suspect Axel Rudakubana has now been named…


The 17-year-old suspect at the centre of the Southport mass stabbing has been named by the media, despite his age usually granting him protection.

On Thursday, Axel Rudakubana appeared in Liverpool Crown Court after being charged with the murder on Monday of Alice Dasilva Aguiar, nine, Bebe King, six, and Elsie Dot Stancombe, seven, in Southport.

He is also charged with the attempted murder of yoga class instructor Leanne Lucas and businessman John Hayes and eight children, who cannot be named for legal reasons, as well as with possession of a kitchen knife with a curved blade.

Reporting restrictions under Section 45 of the Youth Justice and Criminal Evidence Act 1999 had previously prevented him being identified.

However, after hearing an application from the prosecution, supported by the defence and media companies, a judge said he would not impose the order, which is usually used to give anonymity to those aged younger than 18 in the criminal courts.

Judge Andrew Menary said: “Continuing to prevent the full reporting has the disadvantage of allowing others to spread misinformation, in a vacuum. Whilst I accept it is exceptional, given his age, principally because he is 18 in six days’ time, I do not make an order under section 45.

Rudakubana's identity had previously been the source of false rumours that had spread on social media, with some incorrectly identifying him as an asylum seeker who had arrived in the UK last year. The rumour is believed to have been used by members of the far-right to spark unrest in Southport on Tuesday night.

What is section 45?

In terms of criminal law, when youths appear in court, they are often granted anonymity in a range of settings to protect them.

There is an automatic ban on the identification of children in youth court proceedings, and if a youth appears in the crown court the judge can impose reporting restrictions ensuring their anonymity under Section 45 of the Youth Justice and Criminal Evidence Act 1999.

Up until the point of the Section 45 order being implemented legally, they can be named, says journalist and media law expert David Banks.

This is because Section 44 of the Youth Justice and Criminal Evidence Act 1999 – which gives anonymity from the moment a criminal investigation begins – hasn't yet been activated, says Banks, creating a "loophole" that could be used, but often isn't.

"Successive governments haven't activated Section 44, which would make everything a whole lot simpler. Then you would never have any question over this issue."

In the Southport case due to the fact Rudakubana will turn 18 next week the judge decided not to implement Section 45 because of the overwhelming media interest.

He would have lost his entitlement to anonymity when he turned 18.

https://uk.yahoo.com/news/southport-...151023900.html